Mining a Sacred Mountain:Protecting the Human Rights of Indigenous Communities
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Mining a Sacred Mountain:Protecting the Human Rights of Indigenous Communities

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Mining a Sacred Mountain:Protecting the Human Rights of Indigenous Communities

The Research Team
Siocon Subanon Association Apu’ Manglang Glupa Pusaka
Save Siocon Paradise Movement (SSPM)
Pigsalabukan Bansa Subanon – Subanon Federation (PBS)
The Legal Rights and Natural Resources Center, Inc.- Kasama sa Kalikasan
(LRC-KSK/Friends of the Earth-Philippines)
The DIOPIM Committee on Mining Issues (DCMI)
Philippine Indigenous Peoples Links (PIPLinks)
MiningWatch Canada (MWC)
Tebtebba

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  • 1. PhilippinesMining a Sacred Mountain:Protecting the human rights ofindigenous communitiesThe Research TeamSiocon Subanon Association Apu’ Manglang Glupa PusakaSave Siocon Paradise Movement (SSPM)Pigsalabukan Bansa Subanon – Subanon Federation (PBS)The Legal Rights and Natural Resources Center, Inc.- Kasama sa Kalikasan(LRC-KSK/Friends of the Earth-Philippines)The DIOPIM Committee on Mining Issues (DCMI)Philippine Indigenous Peoples Links (PIPLinks)MiningWatch Canada (MWC)Tebtebba
  • 2. Summary CHINA Taiwan In 2005, the Canadian company TVI Pacific Inc. Hong Kong officially opened the Canatuan mine on the island of Mindanao in the Philippines, although the company Philippine had a presence in the area for several years before. Luzon Sea Producing gold, silver, copper, and zinc, the open- pit mine has created some jobs in an impoverished area and generated revenues for the indebted Manila national government. However, it has also displaced PHILIPPINES many families; divided the local indigenous people,A VIET NAM known as the Subanon; deprived thousands of small-scale miners of their livelihood; and negatively affected rice farmers and fishers living downstream. Mindanao Because of increased levels of sediment and metals Siocon in local rivers and creeks. One of the most contro- versial aspects of the mine is that it is located on the BRUNEI PACIFIC peak of Mount Canatuan, which the Subanon living OCEAN in the area consider to be sacred.AYSIA I N D O N E S I A Mindanao has been the site of a sustained conflict between various Muslim groups and theNGAPORE Philippine government for the last three decades. TVI Resource Development (Philippines) Inc., the PAPUA subsidiary operating the mine, has hired personnel from the Philippine army to provide security. These security forces have cleared people from the area, including indigenous peoples and small-scale miners, NEW GUINEA Jakarta and confronted local demonstrators. Some confrontations have been violent. Members of the Subanon have repeatedly complained about the mine and related human rights issues to the Philippine govern- ment. They also brought their case to the UN Working Group on Indigenous Peoples. Java A coalition of local and international organizations, including indigenous, church-based and commu- nity groups, conducted a human rights impact assessment of the mine, piloting the draft methodology provided by Rights & Democracy.1 Several of the local groups involved have been clear in their opposition to the mine for some time. This caused tensions during the assessment because the company and some local groups questioned their credibility. The coalition tried to canvass all points of view, including those of TVI Resource Development, which co-operated with the assessment. The central finding of this report is that the investment has had a negative impact on the ability of the AUSTRALIA Subanon to enjoy the human right to self-determination, to human security, to an adequate standard of living, to adequate housing, to work and to education. 3 Human Rights Impact Assessments for Foreign Investment Projects
  • 3. Preparation of the torched the town of Ipil on the Zamboanga peninsula. InCase Study May 2003, the Moro Islamic Liberation Front attacked the town of Siocon, where the TVI mine is situated, killing 22 people and injuring many more. An estimatedScoping 120,000 people have died and millions more have beenThe Philippines is an island nation located in the Malay displaced in more than three decades of fighting.7Archipelago in Southeast Asia. It was colonized by Spain Economic growth in the Philippines has lagged(1521-1898) and the United States (1902-1936), and behind that of its East Asian neighbours. Foreignwas occupied by the Japanese during World War II debt is estimated to be 3.96 trillion Philippine pesosbefore becoming an independent country in 1946. (US $77 billion). This does not include sizeable domesticFerdinand Marcos was president and then dictator of debts. About half of the existing debt has been incurredthe country from 1965 until 1986, when he was forced under President Arroyo.from power by a popular movement. Governments The Philippines is rich in mineral resources, includinghave since been elected democratically, although gold, copper, nickel, and chromite which is used in thecorruption has been a persistent problem.2 Gloria manufacture of steel and certain chemicals.8 However,Macapagal-Arroyo, the current president, took power these resources have not been well developed for a varietyin 2001 when Joseph Estrada resigned due to allega- of reasons, including continuing political unrest andtions of corruption. She won re-election in 2004, but opposition from farmers and fishers concerned with theher government has since been undermined by a environmental impact of mining. Heavy seasonal rainsseries of scandals. and frequent seismic activity (the Philippines is in a zone During the Marcos regime, the military was used prone to earthquakes and volcanic eruptions known as theto protect the economic and political interests of the Pacific Rim of Fire), have also affected mining activity.country’s elite, resulting in grave abuses of human In an effort to improve economic growth andrights. People considered to be opponents of the increase revenues (which it needs in part to pay debts),regime were subject to torture, arrest, and detention. the government has liberalized the legal regime forMany disappeared.3 The current government has also mining, passing the Revised Philippine Mining Act inbeen criticized for its human rights record. Many 1995. The legislation was drawn up with the help of theactivists, journalists and community leaders have been World Bank. In 2002, a new national mineral policy waskilled or declared missing. In 2006, the Philippines was implemented by executive order. It streamlined govern-tied with Afghanistan as the second most dangerous ment procedures to grant mining permits to foreigncountry in the world for journalists, after Iraq.4 Few investors. A 2004 ruling by the Philippine Supreme Courtperpetrators are caught and brought to justice. allowed foreign companies to own 100% of mining The population of the Philippines is estimated to be operations, eliminating the previous limit of 40%.9about 90 million people.5 One quarter of them live on The Chamber of Mines of the Philippines says thatthe large, southern island of Mindanao, where many large-scale mining will provide additional revenue forof the richest mineral deposits are found.6 Despite the government and jobs in isolated mining areas.10this resource wealth, many of the people of Mindanao However, much of the mining and exploration islive in abject poverty. This is especially true of those taking place in sensitive areas, provoking local opposi-living on the peninsula of Zamboanga, where the mine tion. One such place is on the Zamboanga Peninsulaoperated by TVI Resource Development (Philippines) Inc. on the island of Mindanao. The peninsula is home tois located. approximately 350,000 indigenous people known Mindanao, with a mainly Christian population, is collectively as the Subanon (also known as Subanen,the site of a conflict which began in 1970 between Subanan, and Subanun).11 They are mainly farmersMuslim separatists and the Philippine government. or fishers and revere a common ancestor called ApuGroups involved in this armed conflict include the Moro Manglang.12 Their highest traditional council in theIslamic Liberation Front, the Abu Sayyaf Group, andthe New People’s Army. In 1995, the Abu Sayyaf Group PHIlIPPInES 39
  • 4. Rights & Democracy Convention on the Elimination of all Forms of Racial Discrimination (1967); the Convention on the Rights of the Child (1990); and the Convention on the Elimination of all Forms of Discrimination Against Women (1981). Regarding the protection of indigenous people’s rights, a major step was taken at the international level when members of the UN Human Rights Council adopted the UN Declaration on the Rights of Indigenous Peoples in June 2006.16 Among other things, the declaration TVI’s mining activity caused the deforestation of the top of Mount Canatuan. TVI is currently expanding operations at this site. recognizes the urgent need to respect and promote the inherent rights of indigenous peoples, especially their region of the mine is the Council of the Seven Rivers, rights to lands, territories and a group of traditional leaders. resources, which derive from their political, economic For the Subanon of the southern peninsula, Mount and social structures, and from their cultures, spiritual Canatuan is a sacred place and they want the area to traditions, histories and philosophies. It is important to remain untouched.13 Historically, it was where leader mention that a national Philippine law, the 1997 Apu Manglang made a covenant with the Apu Sanag, Indigenous Peoples Rights Act, is based on the same an immortal being, to save the people from a disease principles as the UN declaration. that was ravaging the community.14 It is also where Resource law in the Philippines has its roots in the the boklog, the highest ritual for Thanksgiving, is Regalian Doctrine, imposed by the Spanish, under performed every seven years. The peak of Mount which all natural resources belonged to the state.17 Canatuan, according to the Subanon was not for When the United States became the colonial power, occupation, flamboyant use, or architectural manifesta- it imposed land laws that discriminated against tions.15 However, they have had difficulty protecting the non-Christian native people.18 The 1987 Philippine area because laws governing land use and land owner- constitution formally recognized the rights of indig- ship have not been respected, allowing multinational enous peoples.19 It says that the state is obliged to firms to establish a presence in the area. protect the right of indigenous cultural communities to Small-scale miners began working in the area in the their ancestral land and to ensure their economic, social 1980s, against the wishes of some of the local Subanon. and cultural well-being.20 The constitution also says that By the 1990s, when TVI Resource Development arrived, the state should apply customary laws governing there were thousands of small-scale miners working in property rights or relations, especially in determining the area. the ownership and extent of ancestral domain. The Mining Act of 1995 includes a provision stating Human rights in principle there should be no mining on ancestral lands without The Philippines has ratified the following UN human the prior consent of the indigenous people. The act also rights treaties: the International Covenant on Civil states that agreement must be reached with indigenous and Political Rights (1986); the optional protocol to communities on a royalty from the mining, which will that covenant (1989); the International Covenant on be used for their socioeconomic wellbeing. A 1996 Economic, Social and Cultural Rights (1974); the40 Human Rights Impact Assessments for Foreign Investment Projects
  • 5. revision said this royalty must, at a minimum, be TVI Pacific owns a drilling company and a mineral-equivalent to 1% of the gross revenue of the mine.21 processing firm in the Philippines. It is also exploring for The Indigenous Peoples Rights Act stipulates that minerals elsewhere in the Philippines and in China.25the state should guarantee respect for the culturalintegrity of indigenous people and ensure that they The contractbenefit equally from rights and opportunities that The history of the Canatuan mine contract begins withnational laws and regulations grant to other members Ramon Bosque, a small-scale miner who moved into theof the population. The act also says that the right to area to prospect. Mr. Bosque, who is not a Subanon,ancestral domains includes the right to ownership, the registered a mining claim and then applied for aright to develop lands and natural resources, the right prospecting permit in 1990 for a large area within theto stay in the territories, the right to redress in case of Central Zamboanga Forest Reserve that included Mountdisplacement, the right to regulate entry of migrants Canatuan. In 1991, he teamed up with Benguet Corp.,settlers and organizations, the right to safe and clean air a Philippine gold mining firm established in 1903,26and water, the right to claim parts of reservations, and and was given the prospecting permit. Together theythe right to resolve conflict. There are special protec- applied for a Mineral Production Sharing Agreement intions for political systems and decision-making processes. 1992. Under such an agreement, the government The constitutionality of the provisions on ancestral grants a company the right to conduct mining opera-domain in the act was challenged in the Supreme tions in exchange for a share of final mine production.27Court of the Philippines on grounds that the provisions In 1994, TVI Pacific set up the Philippine subsidiary thatcontravene the Regalian Doctrine.22 However, the signed an agreement in Canatuan with the Benguet Corp.Supreme Court dismissed the case in 2000. for an option to explore the area and to purchase the Mineral Production Sharing Agreement, which was still making its way through the government approval process.Research on the Investment The Philippine government approved the Mineral Production Sharing Agreement with Mr. Bosque andThe company Benguet Corp. in 1996. They then assigned it to TVITVI Resource Development (Philippines) Inc. was Resource Development in 1997. The government approvedincorporated in the Philippines on January 18th 1994. this transaction in 1998.28 Under the terms of the assign-It is a subsidiary of the Canadian mining company, TVI ment, Mr. Bosque receives a 1% royalty and Benguet Corp.Pacific Inc., which has its headquarters in Alberta and has the option of buying back into the project.29is listed on the Toronto Stock Exchange. The Canadian Under the Mineral Production Sharing Agreement,company owns 40% of TVI Resource Development which has a 25-year term, the company is obliged to(Philippines) through two wholly owned subsidiaries protect the environment, assist in the developmentbased in Hong Kong and Anguilla, in the Caribbean. of local communities, and also help the developmentAt least 19 other companies from Canada, the of mining technology and the geosciences in thePhilippines,23 and elsewhere own the remaining 60%.24 Philippines. In terms of community development, the TVI Pacific, the Canadian company, was incorporated company agreed to respect local rights, customs andin Alberta in 1987 and spent several years exploring traditions; allocate funds for community development;for minerals in Canada before looking abroad. Clifford improve local education, water, electricity and medicalM. James is the president, chairman and chief executive services; and give preference to Filipino citizens in theofficer of TVI. area when it hires employees for the mine operations. The Canadian company began looking for opportu- The agreement also says the company will pay anities in the Philippines in 1993 and set up corporate royalty equivalent to 1% of the market value of mineralsoffices in Manila that year. The Canatuan mine, which and mineral products produced by the mine to theis operated by its Philippine subsidiary, TVI Resource indigenous people who had a valid ancestral domainDevelopment, is its only operating mine. The mine claim. The indigenous community in receipt of thecontains deposits of gold, silver, copper, and zinc. royalty must draw up a management plan.30 PHIlIPPInES 41
  • 6. In 2003, TVI Resource Development followed up The Canatuan mine lies within the boundaries of on the commitments made in its agreement with the the town of Siocon. In 1989, the Subanon living in government by signing a memorandum of agreement Canatuan created the Siocon Subanon Association Inc. with the Siocon Subanon Association Inc. Under this and then used this group to apply for a Forest second agreement, the company committed funds for Stewardship Management Agreement. They received the preparation of a plan to protect the ancestral this agreement, which recognized their right to manage domain. It agreed to provide additional school buildings their own forests, in 1991. Two years later, individuals and a vocational building for the local community. As within the group applied for a Certificate of Ancestral well, it agreed to pay the legally required royalty to the Domain Claim, which was awarded in 1997 and later Siocon Subanon Association Inc. In return, the associa- converted into a Certificate of Ancestral Domain Title in tion promised to use all its efforts to ensure that the 2003.37 This certificate is held by individuals and not by company could conduct its mining operations free of any particular Subanon group. All of these moves were harassment and interference.31 made to protect their rights to their ancestral lands. TVI Resource Development did not begin operations When the Subanon learned that Mr. Bosque had immediately after taking over the Canatuan site because been given a prospecting permit by the Department it had difficulty raising money, due in part to opposition of Environment and Natural Resources, the Siocon from the local community. In order to raise money, the Federation Subanen Tribal Council approached the company increased its authorized capital stock in 1997 Office of Southern Cultural Communities and the local and also registered with the Board of Investment of the town leaders for advice on how to defend their rights. Philippines as a preferred pioneer enterprise engaged The town leaders told them they did not have to worry in mineral exploration. This gave it access to certain because they were the rightful owners of the land.38 government incentives, including a tax exemption on In 1992, a number of Subanon groups got together the import of capital equipment and a tax credit on and approached government officials and agencies to domestic equipment.32 protest against the presence of Mr. Bosque and his band Operations began in 2002, when the company of small-scale miners on their ancestral lands. started processing tailings already on the site that had None of the protests by indigenous people appear been produced by small-scale miners, who had been to have been recorded by the Mines and Geosciences digging there since the 1980s.33 The processing was Bureau, the arm of the government that issued the done at a cyanide processing plant, which had been Mineral Production Sharing Agreement to Mr. Bosque in place since the mid-1990s, and it was done at a rate and Benguet Corp. in 1996. Leo Jasareno of the bureau of 50 tonnes a day. This type of processing stopped told the research team that there was little coordination in January 2004 when the tailings ran out.34 at that time between his agency and the Department of In 2004, the company began open-pit mining in the Energy and Natural Resources, even though his bureau area and expanded its processing plant so that it could is a sub-agency of the department. It was not until 1997 handle 450 tonnes a day. The mine and new processing that the bureau received the Certificate of Ancestral facilities were officially opened January 1st 2005. The plant Domain Claim (that the Subanon had applied for in has since been expanded and was processing an average 1993), which recognized the land was their ancestral of 1,800 tonnes a day by the end of September 2006. territory.39 The fact that the certificate, which establishes The company said that in the first nine months of indigenous rights to the land, was officially issued after 2006, the Canatuan mine produced 34,490 ounces of the Mineral Production Sharing Agreement is a key gold, 453,115 ounces of silver, and 42,976 ounces of element in this dispute. It should be noted that where gold equivalent, a measure used when gold is found there is a Certificate of Ancestral Domain Claim, the in combination with another metal such as silver. Department of Energy and Natural Resources should Corporate profits for the nine-month period were CDN not issue any licence without the prior and informed $8.7 million.35 The company employs 628 people at the consent of indigenous peoples.40 Canatuan project, which is expected to end in 2008.3642 Human Rights Impact Assessments for Foreign Investment Projects
  • 7. The tension in Canatuan worsened during the for companies conditional on such companies meeting1990s as thousands more small-scale miners, some clearly defined standards for corporate social responsi-of the Subanon, flooded into the area in search of gold. bility and human rights. The standing committee’sEventually the Subanon found common cause with report argued that one way of holding companies tosome of these miners, who feared that large-scale account is through human rights impact assessments.mining would force them out of the area. Thus thesituation in Canatuan was tense when TVI ResourcesDevelopment entered the picture. Adapting the MethodologyHome-state involvement to the Case StudyThrough its embassy in the Philippines, the Canadian A coalition of groups from the Philippines and abroadgovernment has supported the mining activities of TVI produced this human rights impact assessment. TheyResource Development. Two ambassadors have visited include indigenous groups, legal experts, and non-the site, and have praised the company as a responsible governmental organizations, including church-basedminer. 41 Canada and the Philippines signed a bilateral groups with strong links to the region. The research wasinvestment treaty in 1996. The agreement requires that coordinated by a research fellow from the Mindanawonforeign investors be given fair and equitable treatment Initiatives for Cultural Dialogue program at Ateneo dein line with international law. Davao University. Material from the company and inde- In a controversial move, the Canadian International pendent observers provided background information.Development Agency (CIDA) channelled funds ear- Our team modified the draft methodology designedmarked for local initiatives through the mining company by Rights & Democracy. We did not strictly follow thebetween 2003 and 2005. The funds were meant to be original structure of the research guide, which includedused to buy goats for local women. The CIDA personnel a series of specific questions. Instead, we encouragedin the Canadian Embassy in Manila were well aware informal and open exchanges.of the long-standing conflict in Mindanao when, in The coalition used the major human rights treatiesJune 2003, they approved the program financed by that the Philippines has ratified as reference points whenthe Canada Fund for Local Initiatives.42 However, they assessing the impact of the TVI Resource Developmentdid not request a Peace and Conflict Impact Assessment mine on the people in the area. The most importantto assess the possible human rights ramifications of the treaties in terms of the research are the Internationalproject, as was done for other Canadian development Covenant on Economic, Social and Cultural Rights andprojects in the region.43 the International Covenant on Civil and Political Rights. According to CIDA, the money was channelled The group also refers to the UN Declaration onthrough the mining company’s community development Indigenous Peoples because the 1997 Indigenousofficer because the local community did not have the Peoples Rights Act of the Philippines is based on thecapacity to administer the program.44 In the course of same principles.the project, the local people made embassy officials The TVI Resource Development mine has sparkedaware of the specific human rights allegations against heated debate in the Subanon community, which isthe mining company.45 now polarized on the issue. This made it difficult for our In 2005, the Standing Committee on Foreign Affairs team to conduct the research. The Council of Elders, aand International Trade tabled a report in the Canadian Subanon group that supports the mine, refused to meetHouse of Commons recommending an investigation of with the researchers at first, but later participated in athe TVI Resource Development mine. It also called for the focus group discussion. The objectivity of the team wascreation of clear legal norms in Canada to ensure its compa- repeatedly questioned although it made an effort tonies and residents are held accountable for environmental canvass the full range of opinions. The team was alsodamage and human rights violations abroad. The report helped by the large volume of pre-existing materials.also urged the Canadian government to make its support PHIlIPPInES 43
  • 8. The research began with a review of existing material Outcomes of the Research and organized a workshop for farmers, fishers, small- The research focused on six human rights: the right to scale miners and various communities, which was also self-determination, to security, to an adequate standard attended by Rights & Democracy. The research team of living, to adequate housing, to education, and to orally translated the research guide into language the favourable conditions of work. These rights are communities would understand, solicited their ideas, enshrined in the International Covenant on Economic, and tried to gauge their understanding of human rights. Social and Cultural Rights, which places obligations They then broadened the consultations. This phase of on its signatories, in this case the government of the the project involved a combination of storytelling, Philippines, to uphold the human rights described in making maps of the area, and constructing timelines. the covenant. Certain of these human rights are also The research took 10 months. In that period, we enshrined in various national laws in the Philippines. conducted eight focus groups, interviewed 97 individuals from the community, and met with 35 key informants The human right to self-determination for in-depth interviews. In September 2006, we held a In order to understand why the Subanon assert that their two-day meeting with community representatives so right to self-determination has been violated, it is that we could clarify their views and add any informa- necessary to understand their traditional leadership tion that had been overlooked. structure. A timuay, or traditional leader, heads each local TVI Resource Development participated in the territory. He is helped in his work by a soliling, who acts research. The team visited the company compound as his executive officer or secretary. Only Subanon who twice during the course of this research, interviewing belong to the timuay or soliling lineage, which is estab- management and staff and reviewing documents. lished on a patrilineal basis, can legitimately fill these Unfortunately, the company recently changed manage- posts. Major disputes may be settled by a gathering of ment and the team found that the new staff lacked timuay from several local territories. This gathering is institutional memory. The company conducted its own known as a gukom. The relevant gukom in the area of the human rights impact assessment and hired experts to TVI mine is comprised of the descendants of the seven conduct an evaluation. It has not yet shared its report traditional leaders of the seven rivers that flow through with the research team. the area. The gukom of pito kodolongan, also known as The researchers also met with representatives of the Council of Seven Rivers, will be referred to hereafter the key Philippine government agencies involved with as the Gukom of Seven Rivers. the mine, including the National Commission on Under the leadership of Timuay Boy Anoy, the Indigenous Peoples, the Mines and Geosciences Bureau, Subanon have been consistent in opposing large-scale and the Department of Environment and Natural mining claims on the grounds that Mount Canatuan Resources. They also met with officials from the holds spiritual and historical meaning for the tribe. Canadian Embassy. However, the company has not acknowledged the sacred nature of the site. It denies that the mountain has any “ All peoples have the right of self-determination. By virtue of that right they freely determine ” their political status and freely pursue their economic, social and cultural development. International Covenant on Civil and Political Rights (Article 1)44 Human Rights Impact Assessments for Foreign Investment Projects
  • 9. Rights & Democracyreligious or cultural significance. However,an archeological impact assessmentcommissioned by the company in 2004as part of its environmental impact assess-ment states that although Canatuan has novisible archaeological resources, a Subanonritual (boklog) does exist.46 TVI Resource Development has not dealtwith the rightful Subanon.47 Instead, whenit came time to reach agreement with theindigenous people of the area over arrange-ments for the mine and the payment ofroyalties to them, both of which arerequired by the Mining Act of 1995, the Mount Canatuan is sacred for the Subanon people. This photo shows how the mountain has been sliced off by the open-pit mine.company dealt with two groups that arenot recognized as legitimate by the Gukomof Seven Rivers.48 Those groups are theSiocon Subanon Association Inc. — which Timuay Anoy and Mr. Mato intensified their campaignwas not led by a timuay at the time of the agreement — against TVI operations and took their case to court.and the Council of Elders. The members of the Gukom In 2001, Mr. Mato also went to the UN Working Groupof Seven Rivers, who are the traditional leaders in the on Indigenous Peoples to denounce the violations of thearea, believe the government and the company have Subanon’s human right to self-determination, as wellnot respected their human right to determine their as other human rights violations in Canatuan. Despiteown political structure and status.49 these continued protests over the legitimacy of the The Siocon Subanon Association was first created in association leadership, TVI chose to sign a memo-1989 to apply for forestry rights in the area. While the randum of agreement with the new Siocon Subanonassociation is not a traditional Subanon political structure, Association in 2003 and to transfer to that group theits first leader was Timuay Boy Anoy, a traditional 1% royalty the company is required to pay the indig-Subanon leader who opposed plans for the TVI mine. enous people.From 1994 to 2001, company representatives tried That same memorandum of agreement gave certainunsuccessfully to secure the endorsement of the recog- status to the Council of Elders, another group whosenised indigenous leaders, mainly through the head of the legitimacy is rejected by Subanon, including the GukomSiocon Subanon Association.50 In 2001, Pablo Bernardo, of Seven Rivers. The Council of Elders was initiallythe attorney for the association, organized an election formed in 2002 at the instigation of the Nationalwithout the knowledge or sanction of Timuay Boy Anoy Commission on Indigenous Peoples. The commissionor his soliling. During this election, a new set of officers, wanted to end the divisions among the Subanon andwho supported the mine, was established. Mr. Bernardo, get them to work together. The Gukom of Seven Rivers,who also supported the mine, is a Subanon, but he is after conducting a genealogical validation in 2004,not from the Canatuan area. Timuay Anoy and his rejected the legitimacy of this group on the groundssecretary, Onsino Mato, challenged the elections. They that 21 of the 30 members were not of timuay lineageargued that Mr. Bernardo did not have the authority to and that some were not even from the Canatuan area.52hold the elections, that he had not informed all of the As well, they said there was no precedent in thecurrent officers that the elections were taking place, and Subanon traditional culture for having such a council.53that the new head of the association, Juanito Tumangkis,was not of timuay lineage.51 PHIlIPPInES 45
  • 10. Nevertheless, the Council of Elders is mentioned in as the legitimate ancestral land holders. Furthermore, the 2003 memorandum of agreement the company the company has deprived the Subanon of their right to signed with the Siocon Subanon Association. The maintain their traditions and cultural practices. In doing memorandum says the council gives its authorization this, Subanon feel that TVI Resource Development has to the Siocon Subanon Association to collect the royalty. violated their human right to self-determination. It is not clear where the council’s authority comes from. The indigenous claim to the land is based on the The human right to security of the person Certificate of Ancestral Domain Title, which the govern- Security has been a concern in the area of the TVI mine ment awarded a named group of Subanon individuals since the 1970s because of the presence of the Abu in 2003. It is not held in the name of the Council of Sayyaf Group and the Moro Islamic Liberation Front. Elders or the Siocon Subanon Association. Some, but The two groups have engaged in a low intensity armed not all, of the individual titleholders are members of conflict with the Philippine government for more than the Council of Elders. three decades. As well, the roads leading to Canatuan The Gukom of Seven Rivers says the Council of were considered risky in the 1990s because of robberies, Elders has no authority in this matter. In signing the ambushes and occasional murders.57 memorandum without the consent of the ancestral The mining company has a security force made land holders, the Siocon Subanon Association and up of auxiliary soldiers provided by the government. through it the Council of Elders have allowed the These members of the Special Civilian Armed Force company to avoid compliance with the Philippine Geographical Active Auxiliary (SCAA) are recruited, Mining Act of 1995 and the Indigenous Peoples Rights trained, and armed by the national military and are Act of 1997. Both acts state that ancestral land should under the direct command of the Philippine Army.58 not be mined without the prior consent of the indig- However, the company pays their salaries. One of the enous people. The 1997 act also says that the National problems with security at the mine is the lack of clarity Commission on Indigenous People cannot issue an about whether the SCAA are accountable to the approval certificate for mining on ancestral land without company or to the government. The company has said obtaining, in advance, the free consent of the indigenous that the security forces are there not just to protect the people affected. mine, but also to protect the surrounding area against The Commission on Human Rights of the Philippines activities by the Moro Islamic Liberation Front.59 investigated the matter of consent and concluded that In 2005, TVI Resource Development signed a the company had not obtained true prior consent memorandum of agreement with the 1st Infantry from the indigenous people for the mine.54 A provincial Division, Philippine Army. The agreement states that officer of the National Commission on Indigenous the army will provide auxiliary forces “to render security People also said that this memorandum of agreement guarding services, maintain peace and order, guarding did not represent free, prior and informed consent, and and protecting the installations and properties of the that it was a “midnight deal” because it was executed company… and such other places that may agreed with the wrong people.55 The Mines and Geosciences upon… from theft, pilferage, robbery, arson and other Bureau has stated that, “the lasting solution to the unlawful acts by employees and or other threat issues is for the company to come to terms with the groups”.60 At the time this report was written, the “ rightful Subanon community”.56 While the details are complicated, the basic point being made by the Subanon of Canatuan ” Everyone has the right to is that the government and the company have ignored their traditional leadership structure. liberty and security of person. In particular, the company has dealt with groups who are neither recognized as legitimate International Covenant on Civil authorities by the Gukom of Seven Rivers, nor and Political Rights (Article 9)4 Human Rights Impact Assessments for Foreign Investment Projects
  • 11. company had 628 employees, including the 160 members ancestral domain. The participants were beaten withof its security force. They are armed with a variety of sticks, tied and dragged on the ground.71 A criminalhigh-powered weapons. suit filed against the police was dismissed for want Canatuan was not an empty space when TVI bought of probable cause.72its rights from Benguet Corp. in 1994. The construction In December 2002, unknown assailants ambushed aof a logging road and the fear that loggers and, later, company vehicle travelling to Siocon. Thirteen people,miners would despoil the area led to the construction mostly local Subanon, were killed and 12 were injured.of houses by some of the local Subanon during the The dead included three SCAA, a mine employee, and1980s to guard their lands and sacred places.61 By the nine civilians. The company beefed up its securityearly 1990s, thousands small-scale miners had moved following that incident.into the area. From the beginning, TVI faced opposition The Commission on Human Rights of the Philippinesfrom the community and from small-scale miners, has conducted at least four investigations into incidentswho say they have prior rights to mining the area. at the TVI Resource Development mine.73 In one ofWhen it first arrived in the area, TVI immediately its reports, the Commission recommended that “theerected checkpoints at all the entry and exit points petition for the cancellation and/or revocation of MPSAto Canatuan.62 Three checkpoints were erected on No. 054-96-IX, now pending before the Office of thethe road leading to the mining complex.63 At that Secretary of the DENR be closely monitored.”74 Despitetime, employees of Golden Buddha Security Agency, the investigations and recommendations, the situationa security firm based in Zamboanga City, manned has not changed and the company still holds its Mineralthese checkpoints, assisted by the SCAA.64 Production Sharing Agreement. Most of the related The security forces at the checkpoints were ordered legal challenges have not made it through the courtsby the company to control the passage of all travellers because the Subanon and small-scale farmers cannotand to impose an economic blockade, especially on afford the legal fees.small-scale miners.65 They also prevented some people The company has recently reduced the number offrom entering the area.66 Anyone passing through the checkpoints and has conducted a series of trainingcheckpoint was stopped. Some packages belonging courses on human rights forto small-scale miners were confiscated.67 its security forces. Catherine Coumans Local people have filed numerous complaints withthe Commission on Human Rights of the Philippines,the Armed Forces and other authorities about theconduct of the security forces. The complaints citedthe existence of the checkpoints themselves, as wellas travel disruptions, a food blockade, acts of violenceand intimidation, and delays in construction of build-ings, including a school.68 After the Mineral ProductionSharing Agreement was approved, abuse at the check-points appeared to worsen.69 Some checkpoints arenow situated beyond the boundaries of the miningconcession.70 There have been many violent incidents in the areaof the mine. (See p. 48) In particular, in September1999, members of the 903rd Philippine National Police TVI’s security force at a checkpoint to control theMobile Group violently dispersed a human barricade passage of all travelers. Atformed by Subanon attempting to prevent the com- present, there are 12 SCAApany from bringing drilling equipment into their detachments and checkpoints dispersed around the area. PHIlIPPInES 47
  • 12. Local reports of violenceand intimidation The human right to an adequateEusebia Rago, a small-scale miner, was with her husband standard of livingand children on November 9th 1996, when armed men Siocon, the area where the mine is located, is the ricein military uniform arrived in the area where the family granary of Zamboanga del Norte. Eighty percent of thewas mining. The men, whom Ms. Rago knew by name, workforce is involved in agriculture or fishing. Thepointed guns at them and ordered them to stop what mining company says its activities affect only 1% of thethey were doing because the area was owned by TvI. Siocon River watershed and thus contribute little to its“We are just working a living here,” Ms. Rago told degradation. However, the Canatuan and Lumot creeks,them. “We did not steal. We work hard to survive even which run through the mining area, are tributaries ofif it causes us pain.” The men, who were members of the Lituban River, which drains into the Siocon River. Athe company’s security force, fired their guns in 2005 company report on the environmental impact ofresponse. “If you will not stop what you are doing, its activities said that 95 hectares of the Canatuan Creeksomething will happen to you,” one of them told her.75 watershed were directly affected by the mining opera- tion due to the construction of the three tailings dams,Pedro Bolong, Toto Sumala and Boy Canga were at a ancillary facilities and other mining related activities.canteen in Canatuan on November 10th 1996, when The same report said that three hectares of the Lumotsix SCAA approached them. The SCAA started drinking. Creek watershed were directly affected.79After one hour, one of them, who was identified by Farmers and fishers in the area surrounding thethe three men, drew a hand grenade and ordered them mine say that changes in water quality and the environ-to leave.76 ment have had an impact on their lives and on theirAnita Ansani was carrying vegetables she planned to sell ability to make a living through farming and fishing. Forin a village where small-scale miners lived when she was example, farmers on the Litoban and Siocon rivers saystopped at a checkpoint. She was turned back and increased sediment in the water has caused theirwarned not to return to the village.77 irrigation equipment to break down.80 They also blame the rise in sediment for new rice diseases, which haveMacario Salacao, a Subanon traditional leader, was forced them to move their crops to less fertile areas.81taking part in a picket line to prevent the mining The Mines and Geosciences Bureau said the minecompany from bringing equipment into the area on alone should not be blamed for the increase in sedi-March 17th 2004. A SCAA fired on the picketers, ment because a logging firm, David Consunji Loggingwounding four, including Mr. Salacao.78 “Timuay Boy Anoy, a Subanon traditional leader wasprevented by TvI’s SCAA from entering Canatuan in1999. As one of the ancestral domain holders, he has The States Parties to the presentthe right to enter his ancestral domain when he so Covenant recognize the right ofwishes. Nevertheless, a similar incident happenedagain in 2004. everyone to an adequate standard of living for himself and his family, including adequate food, clothing ” and housing, and to the continuous improvement of living conditions. International Covenant on Economic, Social and Cultural Rights (Article II.I)4 Human Rights Impact Assessments for Foreign Investment Projects
  • 13. Rights & DemocracyCompany, is also operating in the area.82The mining company has built facilities inan attempt to resolve the problem. Theseinclude a mine waste dump close to theopen-pit mine. However, the banks of thisdump have been eroded by water. Duringa visit to the area, the research teamnoticed that erosion was taking place,even though the walls of the waste dumphad been terraced to stabilize theembankment.83 The company also built 18 sedimentponds between 2004 and 2005 to reducesiltation in the water. Eight ponds were dueto be built in 2006. Unfortunately, most ofthese ponds are already full, while some Downstream communities living along the coastline suffer from changes inwere abandoned because of massive bank water quality. Changes such as heavy siltation have impacted on their liveserosion. A 2005 report by the Multipartite and economic activities.Monitoring Team (composed of representa-tives from the company, non-governmental The farmers, fish-farmers and fishers who haveorganizations, the indigenous community and the constantly opposed the mine say that they were notgovernment), said that despite company efforts, sediment adequately consulted about the project, or about itswas still increasing in local creeks and rivers. potential impact on water quality. The Local Government Communities living along the coastline, especially Code of 1992 states that community consultationsin the area where the Siocon River flows into the sea, should be conducted prior to implementation of suchcomplain of high levels of sediment and a bitter taste projects. When the company held a series of informa-in the water. It is unclear what is causing the bitter taste. tion campaigns from 1996 onwards, it was primarilyThe company has not yet built a treatment plant for in response to local resolutions and petitions opposingthis ore. The fishers say there are fewer fish close to the the mine. The human right to an adequate standardcoast and they have to go farther out to sea to catch of living entails the right to full and equal participationfish. This means they have to spend more money on in developmental and environmental planning andfuel for their boats. Owners of fish farms, where prawns decision making, and in shaping all policies affectingand milkfish are raised, report a higher mortality rate for one’s community and living conditions, at the local,their fingerlings and smaller harvests. They believe this national and international levels.is caused by poor water quality. TVI operations have also had an impact on the An increase in trace metals in water consumed by livelihoods of 8,000 small-scale miners who werehumans can have a negative impact on human health. already in the area when the company arrived and whoWater sampling by the Mines and Geosciences Bureau had developed an informal economy based on subsis-in 2002 found that mercury in some local waterways tence mining.85 Despite efforts to obtain legalexceeded the government standards. Small scale miners recognition, these small-scale miners are still workingoperating in the area before the arrival of TVI were using without official permits”.86 Nevertheless, their activitiesmercury and TVI has been processing their mine tailings. had generated a myriad of associated small businessesA 2005 report by the Multipartite Monitoring Team also and provided direct and indirect employment forreported high mercury levels in lower Canatuan Creek.84 people living in the area, including a multi-purposeThat part of the creek also had arsenic, cyanide and cooperative and a store selling food and generallead levels that exceeded standards. PHIlIPPInES 49
  • 14. “ supplies.87 The small-scale miners have complained All persons should possess a degree of intimidation and harassment carried out by TVI’s security force.88 They say that the security force has of security of tenure which guarantees engaged strategies such as bulldozing mining tunnels, ” legal protection against forced eviction, enforcing a food blockade, and intentionally interrupting the cooperative’s supply routes.89 The miners have filed a harassment and other threats. series of related complaints.90 The small-scale miners feel that the Government of the Philippines has failed to General Comment 7 on the Human Rights protect them from company actions that eventually led to Adequate Housing (Article 1) to the loss of their livelihoods. who have been displaced complain that their farmlands The human right to adequate housing have been bulldozed without proper compensation.97 The Committee on Economic, Cultural and Social As well, the people who received eviction notices issued Rights, which monitors and interprets the covenant, by the company perceived them as threats.98 Harassment concluded that forced evictions are incompatible with of small-scale miners and incidents of violence by the requirements of the covenant.91 security forces destroying the miners’ facilities for the The 1987 Philippine constitution also stipulates that mining company have been documented.99 These “urban or rural poor dwellers shall not be evicted nor include an incident on May 22nd 2006, when the family their dwelling demolished, except in accordance with of a small-scale miner was forcibly removed and their law and in a just and humane manner”. Resettlement home destroyed by the security forces, working with must be done with “adequate consultation with them Subanon who supported the company.100 and the communities where they are to be relocated”.92 When mining started in mid-2004, the company When people are resettled, they can be exposed to estimated there were still 150 families living on land in increased risks, including poverty, homelessness, the path of the growing open-pit mine.101 In June 2005, landlessness, food insecurity, increased morbidity and 50 families near the pit staged a vigil to prevent the mortality, unemployment, marginalization, loss of company’s security forces from demolishing their homes. access to common resources, loss of access to public At first, the vigil was successful. But several days later, the services, and loss of social cohesion. As well, resettle- security forces returned in greater number. A bulldozer ment can lead to increasing risks to host populations.93 was used to destroy the gardens in which the miners In the case of indigenous peoples, displacement from grew their food, including root crops and bananas.102 By traditional territories also means loss of cultural identity June 2006, the company estimated that 30 families and is a threat to their existence as a people. In addition remained of which five were indigenous Subanon. to indigenous peoples, women, children, and the elderly are most vulnerable to resettlement.94 Manolita Galves There have been forcible evictions in Canatuan since mid-2003, when the mining company secured support from the Philippine government to forcibly demolish the facilities of the small-scale miners and to remove the miners from the area. The company said that it paid people to leave, offering compensa- tion that it said was many times higher than what was legally required.95 Those receiving the compensation say the process is neither transparent nor equitable.96 Some Subanon Remaining houses near TVI’s open-pit mining few days before their demolition. The Galvez family were forcibly evicted on June 22nd 2006.50 Human Rights Impact Assessments for Foreign Investment Projects
  • 15. The case of the Galves family In June 2006, the home of the Galves family, located the state to protect these rights and to in the mining area, was destroyed. On this point promote the welfare of workers. It affirms everyone agrees. There are conflicting accounts of the right to association, collective bar- who demolished the home, whether anyone was in it gaining, and the right to strike. at the time, and whether private property was confis- TVI Resource Development has created cated. This case indicates the confusion that often salaried jobs in an area where such jobs did prevails when eviction precedes commercial develop- not exist (although thousands of small-scale ment, especially when the evictions are carried out by miners were already in the area). However, local people. there have been complaints made against the Those affected say company security forces partici- company for some of its labour practices. An pated in the destruction of the home, wounding a attempt to form a union in 2005 failed and number of people, and confiscating private property. workers told organizers from the National The company said the home was not destroyed by its Federation of Labour that the company had security forces but by people belonging to the Siocon not paid overtime to some workers and had Subanon Association.103 terminated others without due process and without paying social security premiums.105 Erdulfo Comisas, an official with the Siocan Subanon The union organizers said the company Association and a member of the Council of Elders, workers were difficult to organize because said he mobilized a team of Subanon to dismantle the area is guarded by security forces and shanties owned by non-indigenous people. No one meetings had to be held many km away.106 was home, he said, when the home was destroyed. Several workers told the research team that However, a SCAA who monitored the incident said at people were afraid that the creation of the least 20 members of TvI’s security force were there. union would cause the company to close the He thought the demolition was poorly done because mine. “It is a good thing that there is no there was no official from the local community present union, because at least we still have a job,” to observe and it had been done at night.104 one worker said.107 When we discussed this incident during our consulta- There is also a continuing disagreement tions with the Siocon Subanon Association and the over whether the 160 SCAA at the mine are Council of Elders, they denied that the security forces employees and could therefore join the were present. union. A 2003 contract signed with the members of the SCAA asserted that they were employees of the mine. However, the 2005 memorandum of agreement between TVIThe human right to favourable Resource Development and the Philippine army said theyconditions of work were not. The company still pays their salaries, provides “The human right to work is enshrined in the UniversalDeclaration of Human Rights, Conventions of theInternational Labour Organization and in the The States Parties to the presentInternational Covenant on Economic, Social andCultural Rights. Article 7 of the covenant describes the Covenant recognize the right ofhuman right to work as the right to fair wages, equal ” everyone to the enjoyment of justpay for work of equal value without discrimination, anda safe and healthy working environment. Article 8 refers and favourable conditions of work…to the right to form trade unions and the right to strike. National legislation in the Philippines also protects International Covenant on Economic,the human rights of workers. The constitution directs Social and Cultural Rights (Article 7) PHIlIPPInES 51
  • 16. uniforms and equipment, but does not provide housing. of vacation leave and 15 days sick leave a year.112 They This has created a great deal of confusion about their are eligible for a bonus if they work a full month without status. A large number of the workers supporting the taking any leave. In addition, regular workers enjoy an creation of the union in 2005 were SCAA.108 extra month of pay each year (the so-called 13th Dionison Jubilan, the assistant security manager for the month). They must be given 15 days notice of termina- company, said the majority of the security forces believe they tion and receive a month’s pay, plus unused sick and are company employees.109 The research team asked SCAA vacation leave when they go. In December 2005, the about their status. “We have become TVI’s private army,” an company started a health insurance plan for regular unnamed SCAA told the research team. “We took part in employees, but not their families. The company plans demolitions and have sacrificed a lot.” He said the security to extend the coverage to family members in 2007.113 forces did not want to return to army duties because they Apart from these benefits, every employee inter- feared that rampant corruption in the army meant they viewed confirmed that once they became regular staff, would not be paid. The company is now conducting they were provided with steel boots, rubber shoes, a seminars for its security forces to explain their role. t-shirt, and a raincoat. They also receive free meals. The TVI Resources Development created a labour workers interviewed by the research team believe that management council in 2005 where employees can air the company paid better wages than other companies their grievances, discuss other problems, and talk about in the region. areas where the company could improve its perfor- mance. Discussions at the council have led to better The human right to education working conditions, wages and benefits. However, in The Philippine government, which is heavily indebted, terms of housing and work opportunities, some discrim- has repeatedly cut spending on education and health. ination still exists towards indigenous people. Since 1997, real per capita spending by the national In early 2004, Subanon workers lived in what the government on education has fallen 19%. Health locals called chicken cages in an area known as Manokan. spending has dropped 43% in the same period.114 These shelters were about two metres tall and had room Between 1997 and 2003, government spending on for only one person. Non-indigenous workers lived in a education has been only 3.2% of gross domestic bunkhouse, which was more solidly constructed than product, a broad measure of the economy. 115 In the the huts. Later in 2004, the indigenous workers were Siocon area, there are no government education moved to better quarters in an area called Manhattan. services, except for primary schools.116 But their housing is still of poorer quality than that of The Canatuan community built its own school in 1998 non-indigenous workers. Mila Corpuz, former manager and then expanded it over the years with support from of human resources for the company, said she hopes to local government officials. Materials for the school had to make further improvements.110 be smuggled past company checkpoints. By January 2003, In terms of working conditions, the company has it had 182 students attending grades one through five. four types of employees: managers, technical supervi- More students were expected to register in June 2003, sors, skilled workers and unskilled labour.111 In the last the beginning of the new school year, necessitating two categories there are temporary and regular workers. “ The workers told the research team that the unskilled, temporary jobs are mostly filled by indigenous people. Usually, workers start out on a casual status, become The States Parties to the probationary workers after three months and can apply ” present Covenant recognize the for regular status after six months. Regular employees receive benefits and privileges right of everyone to education. that are not available to casual and probationary workers. They receive a salary of 220 pesos a day, plus 15 days International Covenant on Economic, Social and Cultural Rights (Article 13)52 Human Rights Impact Assessments for Foreign Investment Projects
  • 17. Rights & Democracyan expansion of the building. The provin-cial governor donated the necessaryconstruction materials.117 The materialarrived in Canatuan in August 2003 andwas placed at the Canatuan PrimarySchool. Later that year, TVI, through itschief security consultant, confiscated thematerial. 118 The company said the mate-rials were damaged. It replaced them at itsown expense. The company used these materials tobuild a two-room primary school aboutsix kilometres away, near a security postmanned by SCAA. It did this withoutconsulting the local community. It alsoprovided three schoolteachers, schoolsupplies and other facilities. Elementary school built by the Subanon and small-scale miners. It has now Residents complain that the new been transferred by TVIRD six kilometres away from the community andschool is too far away, inaccessible due near a SCAA security post.to landslides caused by mining, and tooclose to the armed security post.119 Parents are con- Conclusions andcerned for the safety of their children, who must nowwalk a long way on roads used by heavy equipment. RecommendationsThe distance, bad weather, and security risks have The presence of TVI Resource Development has createdsignificantly reduced school attendance. The company some jobs in an impoverished area and generatedattempted to address some of these complaints by revenues for the indebted national government.providing vehicles and raincoats on rainy days. Local However, the arrival of the mining company incritics of the company said that by seizing the materials Canatuan has also divided the Subanon people. Thisand building the school where it wanted, the company in turn has had a negative impact on their right towas obliterating an existing community and creating a self-determination and on their system of governance.new one. Security measures implemented by the mining firm The company said it relocated the school for safety have contributed to militarization of the area. Thisreasons. There is an open-pit mine above the commu- militarization has had a negative impact on the abilitynity where the previous school was located and the of the Subanon to enjoy the human right to securitycompany was worried about boulders falling on the and the human right to housing. Mining activity appearsschool and community below.120 The company prom- to have increased the levels of sediment and metalsised to provide a school bus by January 2007. in some local waterways, threatening the human right There are currently 182 pupils in elementary school to an adequate standard of living.and 32 students in a high school, which started this The Philippine government holds the primaryyear. The majority of the students are Subanon, whose obligation to protect the human rights of its people.parents are employed by the mining company. There is In the Canatuan example, there has been a clear gapno special curriculum for the indigenous Subanon. The between the existing legal framework and its applica-company has developed a special summer job program tion. By not enforcing national laws enacted for thisfor Subanon students so that they can gain work purpose, the government has allowed the company toexperience while being paid. engage in activities that have violated the human rights of local communities. PHIlIPPInES 53
  • 18. Recommendations For the company The company should make all efforts to resolve the For the government of the Philippines many issues and conflicts in Canatuan before pro- The Government of the Philippines should assume ceeding with expansion of its operations in adjacent responsibility for investigating the current conflict in areas. This will require participation in an independent Canatuan and for adopting procedures that would monitoring procedure and an agreement to work ensure such examples do not reoccur in future. The directly with affected communities who might oppose purpose of such a process would be to determine the their investment. Until such processes are in place, TVI legality of the company’s current activities as well as its should halt its operations in Canatuan, as well as its proposed expansion of activities in the area. Attention expansion plans. TVI should, at least temporarily, ensure should be given to equal access to justice, the creation that paramilitary security forces are disarmed, and it of appropriate complaints mechanisms, access to should ensure that community claims of damages are information, and controls over military and paramilitary investigated and resolved without delay. security forces. In addition, an independent body should be created to monitor and report on the imple- mentation of these procedures and to actively solicit the views of the local communities. Local communities should be given capacity training in the principles of human rights so that they can identify abuses and assert their rights. This training should include the provision of the appropriate docu- ments outlining human rights. The Philippine system of Barangay Human Rights Action Centres should be strengthened and their locations expanded. There are about 14,406 such centres in the country, but they are concentrated in only a few regions. The Philippine government should endorse the UN Declaration on the Rights of Indigenous Peoples and ratify the International Labour Organization Convention No. 169. The use of human rights impact assessments should be institution- alized and these assessments should be used whenever licences and permits are issued or renewed. Special thanks to: Ms. Penelope Sanz (Mindanawon Initiatives for Cultural Dialogue), research coordinator.54 Human Rights Impact Assessments for Foreign Investment Projects
  • 19. 12 Timuay Lambo estimates that the Pito nog Kodologan wasEndnotes organized in the 17th Century. Jesuit priest Fr. Combes1 The groups were: Siocon Subanon Association Apu’ wrote in 1621 that Fr. Del Campo, who was assigned in Manglang Glupa Pusaka, Save Siocon Paradise Movement, Siocon was killed by the local natives. Based on interview Pigsalabukan Bansa Subanon – Subanon Federation, The with Timoay Lambo and Timoay Anoy, their Apo Monokon Legal Rights and Natural Resources Center, Inc.– Kasama was ordered by Apu Manglang to assassinate the “pari sa Kalikasan, The DIOPIM Committee on Mining Issues, (priest)” because of their proselytization in the area. Philippine Indigenous Peoples Links, MiningWatch Canada, 13 Consultation with Apu’ Manglang Glupa Pusaka held in Tebtebba. April 2006.2 The Philippines ranked 121 out of 142 on the 2006. 14 Interview with Timuay Fernando Mudai and Timuay Noval See Transparency International. Corruption Perceptions Index. Lambo held in 2004, 2006. www.transparency.org/policy_research/surveys_indices/ 15 Interview with Timuay Boy Anoy, held in April 2006. global/cpi (Accessed March 19, 2007). 16 The UN General Assembly has not yet voted on3 Hernandez, Carolina G. and Ubarra, Ma. Cecilia. the declaration. Restoring and Strengthening Civilian Control: Best practices in civil-military relations in the Philippines. 1999. 17 Gaspar, Karl M. The Lumad’s Struggle in the Face of www.pdgs.org.ar/pon-fhi.htm (Accessed July 12, 2006) Globalization. Philippines: Alternate Forum for Research in Mindanao. 2000; and Leonen, Marvic and Ballesteros,4 Committee to Protect Journalists. www.cpj.org/ Briefings/ Andre. A Divided Court, a Conquered People? Notes on 2006/killed_06/killed_06.html (Accessed March 19, 2007). the Supreme Court decision on the constitutionality of the5 CIA World Factbook. www.cia.gov/cia/publications/factbook/ Indigenous Peoples Rights Act of 1997. Philippines: LRC-KSK/ geos/rp.html (Accessed March 19, 2007). Friends of the Earth – Philippines, 2001.6 Sanz, P. Mining and Mindanao: What fate awaits the 18 Contained in Land Registration Act. (LRA) No. 496 of 1902, communities? A special report. 2005. LRA of 1903, Public Land Act No. 926 of 1903, Land Act www.mindanews.com/2005/02/20spclrpt-mine.html No. 2254 of 1913, Public Land Act 2874 of 1919, Revised (Accessed February 22, 2005). Public Land Act No. 926 and the amended Commonwealth7 Rodil, R.B. Kalinaw Mindanaw; The story of the GRP-MNLF Act 141 of 1936 which reversed Land Act No. 2874. peace process, 1975-1996. Davao City: Alternative Forum 19 Philippines. The 1987 Constitution of the Republic of the for Research in Mindanao, 2000. Philippines. Art. II Sec. 22.8 Christian Aid and PIPLinks. Breaking Promises, Making Profits: 20 Ibid. Art. XII Sec. 5. Mining in the Philippines. December 2004. p.6. 21 Philippines, Mineral and Geosciences Bureau. Republic Act9 In December 2004, the Philippine Supreme Court reversed No. 7942 or the Philippine Mining Act of 1995. its ruling which nullified the Financial or Technical www.mgb.gov.ph/asomm/policy.htm Assistance Agreement (FTAA) of the Australian firm Western (Accessed March 19, 2007) Mining Corporation (WMC) over a huge area straddling 22 See Cruz and Europa as cited in Leonen, Marvic and three provinces in South Cotabato, and all provisions Ballesteros, Andre. A Divided Court, a Conquered People? concerning FTAA and other permits that can be granted Notes on the Supreme Court decision on the constitutionality to foreign-owned corporations. of the Indigenous Peoples Rights Act of 1997. Philippines:10 Sanz, P. Mining and Mindanao: What fate awaits the LRC-KSK/Friends of the Earth – Philippines, 2001. p.175. communities? A special report. 2005. 23 TVIRD is also applying to expand to other sites in other www.mindanews.com/2005/02/20spclrpt-mine.html regions occupied by different Subanon communities. (Accessed 22 February 2005). 24 TVI Pacific. Annual Information Form. p.1-2.11 TF 1986:14 as cited in Suminguit, V.J. “The Subanun Culture in Mount Malindang: An ethnography”, Master of Arts in 25 Ibid. Anthropology thesis, University of the Philippines – Diliman 26 Benguet Corporation website. www.benguetcorp.com/ (Unpublished). 1989. html/aboutus.html (Accessed March 29, 2007). 27 TVI Pacific. Annual Information Form. p.iii 28 TVIRD website. Milestones. www.tvicanatuan.com/ milestones.html (Accessed March 19, 2007). PHIlIPPInES 55
  • 20. 29 Asuncion, Melizel F. Righting the Wrongs. Legal Rights and 47 Tupo Nog Pito Kobogulalan Pogokbit Nog Gulal Sog Pito Natural Resources Center, Kasama sa Kalikasan, Friends of Kodolungan. Assembly Resolution No. 01-2004: Resolution on the Earth-Philippines, October 2005. the Decision Pertaining to the Composition and Legitimacy of 30 TVIRD website. www.tvicanatuan.com the Siocon Council of Elders and the Official Position on the (Accessed March 19, 2007) Issue of Leadership and Representation of the Canatuan Subanon Community. 3rd Assembly of the Gukoms. 31 Ibid. Mindanao (Philippines): June 7-10 2004. 32 Gloria, Violeta. Extracting the Earth: The politics of mining 48 Ibid. (A Mount Canatuan case). Unpublished. 2005. 49 Ibid. 33 TVI Pacific. Annual Information Form. p. 4. 50 Interview with Timuay Boy Anoy, held in April 2006. 34 Ibid. 51 Interview with Atty. Fausto Lingating held in April 2004. 35 TVI Pacific. “TVI Pacific Provides Operations and Exploration A hearing has yet to be conducted on the case filed by Review.” News release, Nov. 7, 2006. Mato and Anoy. 36 TVI Pacific group of companies. Feasibility Study (Partial) 52 COE members who are not of Timuay lineage or traditional Canatuan Project. Canatuan: September 2002. bogolal (leaders) are Fernandez Anda, Ampanan Ansani, 37 Asuncion, Melizel F. Righting the Wrongs. Legal Rights and Andres Ansani, Danilo Bason, Alito Dandana, Lydia Dandana, Natural Resources Center - Kasama sa Kalikasam, Friends Rudy Dandana, Susana Davi, Lembalan Elian, Celestino of Earth-Philippines. October 2005. p. 4. Guinagag,Vicente Guinagag, Akil Lingala, Antonio Lingala, 38 Tripeace, Report of the Fact-Finding Mission Conducted on Etal Lumayas, Panga Lumayas (deceased), Alberto Mais, April 2-7, 1997 and the Follow-up Missions Done in the Period Juanito Pagilisan, Marciano Sapian (deceased), Danilo of May to October 1997 in Canatuan. Tumangkis, Juanito Tumangkis, and Pancho Tumangkis. 39 Interview with Leo Jasareno from the Mines and 53 Statement of Atty. Fausto Lingating in an interview held last Geosciences Bureau held on 30 March 2006. April 2004 in Pagadian City, Zamboanga del Sur. 40 Philippines, Mineral and Geosciences Bureau. Republic Act 54 As cited in Gloria, Violeta. 2005. Extracting the Earth: No. 7942 or the Philippine Mining Act of 1995. chapter 3, The politics of mining (A Mount Canatuan case). Unpublished. section 16, 1995. 55 Interview with NCIP 9 Provincial Officer for Zamboanga del 41 “TVI Pacific Lauded by Canadian Ambassador and Philippine Norte Lista Cawanan Jr. held on 17 April 2006 in Dipolog City. Secretary for its Responsible Mining and Environmental 56 Violeta Gloria, op. cit. Practices”, CCN Matthews. May 16, 2006. 57 So called “revolutionary taxes” were regularly extracted http://press.arrivenet.com/health/article.php/ from public transport vehicles using the road. 797230.html_090506.webarchive (Accessed March 19, 2007) 58 TVI Resources Development Inc. Website. Bringing Security to 42 In 2001, CIDA INC., a cost-sharing program inside CIDA the Community. www.tvipacific.com (Accessed October 2006). that provides a financial incentive to Canadian companies to start a business or provide training in developing 59 Interview with Advisor, Corporate Affairs, John Ridsdel, countries, rejected a request for funding from TVI Pacific TVI Resources Development Inc. held April 5, 2006 in noting incidents of violence associated with the mine project. Makati City. Information obtained through Access to Information Act. 60 Memorandum of Agreement Signed Between TVIRD and the 43 Interview with Canadian Embassy personnel including 1st Infantry Division, Philippine Army. October 2005. Gérard Bélanger from CIDA, Manila, held October 2004. 61 Consultations with Subanon in Canatuan held in April 2006. 44 Interview with Myrna Jarillas, Senior Program officer and 62 Republic of the Philippines. Memorandum Dated 2 May Tom Carrol of CIDA, held in April 2006. 2002 with Subject Regarding the Final Investigation Report: 45 Meeting at the Canadian Embassy in Manila of Timuay Boy Case No. CHR-IX-2002-1770 for development aggression. Anoy and Godofredo Galos held in October 2004. Report was submitted to CHR Legal Section by Mamauag, J. M et.al., p. 4-5. 46 Archaeological, Cultural and Environmental Consultancy, Inc. Archaeological Impact Assessment: TVI Resource Development 63 Tripeace. Report of the Fact-Finding Mission Conducted on Philippines, Inc. (Canatuan Project). Manila: 2004. p. 7. April 2-7, 1997 and the Follow-up Missions done in the Period of May to October 1997 in Canatuan.5 Human Rights Impact Assessments for Foreign Investment Projects
  • 21. 64 Republic of the Philippines. Memorandum Dated 2 May 2002 79 TVI Resources Development Inc. Annual Environmental with Subject Regarding the Final Investigation Report: Protection and Enhancement Program Report for Completed Case No. CHR-IX-2002-1770 for development aggression. p. 4-5. Activities in 2004 and Planned Activities for 2005. Prepared by Jay65 Ibid. p. 4-5. Nelson and Fidel Bontao. March 8, 2005/September 20, 2005.66 Interview with TVIRD security department namely Ret. Col. 80 Estimates provided by Siocon farmers in a consultation held Dionision Jubilan, Ret. Maj. Nepomunceno Precioso Jr. and in Siocon, April 2006. Ret. 2nd Lt. Danilo Silvestre held December 2006. 81 Focus group discussion held in Siocon, April 2006.67 Republic of the Philippines. Memorandum Dated 2 May 2002 82 Interview with MGB 9 Asst. Regional Director Joaquin with Subject Regarding the Final Investigation Report: Soriano held in April 2006. Case No. CHR-IX-2002-1770 for development aggression. p.30. 83 Site visit to the company’s compound, April 19, 2006.68 Republic of the Philippines, Commission on Human Rights 84 Photo exhibits in: Multipartite Monitoring Team. IX’s. Memorandum Addressed to the Legal Section Dated Fourth MMT Report. TVI Resources Development (Phils.) Inc. 2 May 2002 Regarding the Final Investigation Report: Sitio Canatuan, Barangay Tabayo, Siocon, Zamboanga del Case No. CHR-IX-2002-1770 for development aggression Norte. July 2005. Digital copy provided by Mines and victims: Members of the Siocon Subanon Association Inc Geo-Sciences Bureau last April 2006. and other residents. p. 4. 85 Christian Aid and PIPLinks. Breaking Promises, Making Profits:69 Based on consultations with small-scale miners held in Ipil Mining in the Philippines. December 2004. p. 38. on April 2006. 86 Ibid.70 Interview with TVIRD security department namely Ret. Col. 87 Ibid. Dionision Jubilan, Ret. Maj. Nepomunceno Precioso Jr. and Ret. 2nd Lt. Danilo Silvestre, held December 2006. 88 Based on consultation with small-scale miners, held in Ipil on April 2006.71 Forest Peoples Programme, Philippine Indigenous Peoples Also: See account of Minao family in PipLinks & Christian Links and World Rainforest Movement. Undermining the Aid. Breaking Promises, Making Profits: Mining in the Forest, January 2000. Philippines. December 2004.72 Republic of the Philippines. Memorandum Dated 2 May 89 On 12 March 1997, TVIRD’s security force issued 2002 with Subject Regarding the Final Investigation Report: Memorandum Order No.2 advising the army gate, Malusok Case No. CHR-IX-2002-1770 for development aggression. and Tanuman detachment commanders to “banned (sic) all73 Commission on Human Rights IX also has initiated a supplies/goods intended for the small-scale miners coopera- dialogue with “some Subanons’ tribal leaders and small tive store”. scale miners at Siocon” on 5 February 2006 (Ibid). 90 Republic of the Philippines, Commission on Human Rights’ IX.74 Republic of the Philippines. Commission on Human Rights Memorandum Addressed to the Legal Section Dated – IX. Investigation Report: Re: Complaint of Siocon Subanon 2 May 2002 Regarding the Final Investigation Report: Association, Inc. April 2002. p. 11. Case No. CHR-IX-2002-1770 for development aggression75 Affidavit signed on 28 November 1996 in Ipil Municipality, victims: Members of the Siocon Subanon Association Inc Zamboanga del Sur and notarized on 2 December 1996 and other residents. p. 4 in R.T. Lim, Zamboanga del Sur. 91 UN Committee on Economic, Cultural and Social Rights.76 Affidavit signed on 11 November 1996 and notarized on General Comment No 4 on the right to adequate housing, 20 December 1996 in R.T. Lim, Zamboanga del Sur. sixth session, 1991; and General Comment No 7 on the77 Affidavit signed on 28 November 1996 in Ipil Municipality, right to adequate housing: forced evictions. Sixteenth session, Zamboanga del Sur and notarized on 2 December 1996 1997. www.ohchr.org in R.T. Lim, Zamboanga del Sur. 92 Republic of the Philippines. The 1987 Constitution of the78 Urgent Memorandum from ATTY. Reuben Dasay A. Lingating Republic of the Philippines. Article XIII, Section 10. for Department of Environment and Natural Resources. “Request for temporary halt of operations of TVI in Siocon, Canatuan and immediate action by DENR on the pending petition for the cancellation of TVI MPSA filed by Timuay Boy Anoy before the Office of the Secretariat”. May 4th, 2004. PHIlIPPInES 57
  • 22. 93 Mining, Minerals, and Sustainable Development (MMSD). 109 Interview with TVIRD security department namely Ret. Col. Breaking New Ground: Mining, minerals and sustainable Dionision Jubilan, Ret. Maj. Nepomunceno Precioso Jr. and development. The Report of the MMSD Project. London: Ret. 2nd Lt. Danilo Silvestre held in December 2006. Earthscan. 2002. p.159 and Sonnenberg, Dan, and F. 110 Interview Mila Corpuz, former TVIRD’s Human Resources Muenster. Involuntary Resettlement. South Africa: African manager held in April 2006. Institute of Corporate Citizenship. 2001. 111 Ibid. 94 Sonnenberg, Dan, and F. Muenster. 2001 and Feeney, P. 112 Ibid. Displacement and the Rights of Women. Oxford: Oxfam. 1995. 113 Ibid and Interview with Alejandro Sonido, held in 95 Letter from Advisor, Corporate Affairs, John Ridsdel to the December 2006. Canadian Embassy Nov. 17, 2004. Documentation obtained through Acess to Information Act. 114 World Bank, Country Assistance Strategy for the Republic of Philippines. April 19, 2005. www.worldbank.org 96 Based on consultation with Subanon in Canatuan, held in (Accessed July 25, 2006). April 2006. 115 Ibid. 97 Based on consultation with Subanon held in Siocon in April 2006. 116 Interview with Lullie Micaballo from TVI, Administration Manager, TVI, April 19, 2006. 98 Interview with Joy Gonzaga held on January 27, 2005 and Affidavit by Joy Gonzaga (www.dcmiphil.org). 117 Resolution Requesting the Municipal Mayor Hon. Ceasar C. Soriano to Donate Immediately a School Building in Sitio 99 See account of Minao family in PipLinks & Christian Aid. Canatuan, Tabayo, Siocon. August 28, 2001. Resolution Breaking Promises, Making Profits: Mining in the Philippines. No. 34 series of 2002. 2004. p. 38. 118 In separate interviews with Onsino Mato, Eddie Cayabyab 100 Mining Watch Canada. TVI Pacific Again Implicated in in 2006 Forced Evictions at its Canatuan Project in the Philippines. October 24, 2006. www.miningwatch.ca 119 Interview with Lullie Micabalo, Administration Manager, (Accessed March 19, 2007). TVI, April 19, 2006. 101 Subanon IPs Dismantle Illegal Small-Scale Miners Shanty 120 Ibid. at Canatuan Mine Area, press release, June 26, 2006. www.tviphilippines.com (Accessed April 19, 2007). 102 PiPlinks action alert July 12, 2006. 103 TVI website: www.tvicanatuan.com/article.php?id=34 (Accessed March 19, 2007). 104 Based on an interview with a SCAA (name withheld upon request) held on December 2006. Note: The General Comment on the right to adequate housing specifies that dismantling cannot take place at night See UN Committee on Economic, Social and Cultural Rights (ESCR). General Comment 7: The right to adequate housing (art. 11.1 of the Covenant) forced evictions. Sixteenth session, 1997. www.unhchr.ch. 105 Interview with Atty. Bong Malonzo and NFL organizers in Zamboanga City held in April 2006. 106 Interview with Attorney Bong Malonzo held in April 2006. 107 Interview with a TVI employee, December 2006. 108 Canatuan Mine Workers Union-NFL Local chapter. List of members. Canatuan, 1st May 2005.5 Human Rights Impact Assessments for Foreign Investment Projects